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2022 Supreme(Del) 568

SURESH KUMAR KAIT, SAURABH BANERJEE
Prabhat Singh – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Appellant :Mr. Rohit Bhagat, Advocate
For the Respondent:Mr. Syed Abdul Haseeb, Sr. Panel Counsel with Ms. Samiksha, Mrs. Avnish Ahlawat, Mr. Karan Bhardwaj, Mr. Uday Singh Ahlawat, Mrs. Tania Ahlawat, Mrs. Palak Rohmetra and Mr. Siddhant Tyagi, Advocates

JUDGMENT :

CM APPL. 25937/2022 (exemption)

1. Allowed, subject to all just exceptions.

2. The application is accordingly disposed of.

W.P.(C) 8627/2022 & CM APPL.25936/2022 (stay)

3. Vide the present petition, petitioner seeks quashing and setting aside of the impugned medical reports dated 27.04.2022 and 02.05.2022; directions to respondents to further consider the petitioner for selection/recruitment process, in accordance with his merits and to accord all consequential benefits to him.

4. By way of present writ petition, petitioner is challenging his exclusion from the selection process for the post of Sub-Inspector in Delhi Police and CAPFs, through “Sub-Inspector in Delhi Police and CAPFs Examination-2020” due to aforesaid impugned medical reports. Petitioner qualified his Physical Endurance Test. However, he was declared unfit vide medical report dated 27.04.2022 due to the reasons “Non Homogeneous opacity ruled in right upper zone? Old tuberculosis etiology.”

5. Upon petitioner’s representation for review medical board, he was called for the same and was directed to get an investigation “HRCT-Chest” done from Focus Imaging & Research Centre Private Ltd. Petitioner got his lab test

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